New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-15
HARLEM'S HEIRS IN COURT.
THE LEGAL CONTEST OVER THE COMMONS

BILL OF EQUITY FILED BY THE CLAIMANrs-AsK-
ING THE APPOINTMENT OF RECEIVER.
Inc harlem Commons Claimants, about whom so
mucn mas been written in the last few years. have
last begun the legal contest for the recovery OF the
property which they claim to own in the upper part of
this 'ty stupendous bill In equity was fled in the
United States Circuit Court late on Saturday BY
James II. McCreery of Pittsburg, representing Simon
r. Morgan, OF Greensboro, KY, the complainant and
ABOUT I,foO Other ALLEGED heirs scattered all the
country. Samuel J. Waldron. OF No. 122 East One
is mentioned as one OF tho
respondents Mr. Morgan was selected as complainant
because, 1t is claimed, he is OF the most direct
heirs OF the original owners
The Document begins with historical sketch of the
disputed territory and how New Harlem given
October IL, 1907, by Richard Nichols Governor Gen.
erai under His Royal Highness james, Duke Of York
and Albany and all his territories in America" to
Joost Abilene and Resolved Waldron and their heirs
assigns and associates forever Five years after this
% tns p1se9 n took possession OF the island and held
s led sheppss the patentoes and other
freehoders Of Harlem to ask tor renewal OF the
grant! and it. wa, ssseordngy gycn to them BY Gov
the property was divided and subdivided and who
participated IN the various partitions and the amount
receTed by the Bensons the Bussinss the wa!drons,
whose names are less easily spelled and much less
easil, pronounced.
After elaborate array of further evidence to show
the justice OF the compainants claims the bill hoes
on to say that excepting and reservng from the lands
mentioned in the letters patent and that included In
a large quantity undivided, unconveyed or unoccu
pied lands belonging to said grantees thei. heirs
successors" These lands, it adds, are:
extending from East EvSy-iourth-,t mid way between
Avenue A. aud Avenue B. In q northerly direction To
lands mentoner In tho cunvryances OF tho vsions
Of sa Prorsrty 2; the eastern boundary thereof and
the tile were not Included within said subdivisions nor
natural accretions or deposit made thereon.
This has given great value to the lands and caused
them TO be occupied by parties claiming title thereto
adverse TO the heirs-at law" A number OF buildings
ing It, in the opinion of the complainant. worth over
50 OOOOOO but he adds. large portion of said lands
OF great value Is entirely unoccupied and that to this
part he and hs cotenants in common ds hersat-law
have right OF seizing and right OF entry"
Parties without acolor claim or title by, from or
under" the original patcntecs. continues the COM
plant, have taken possession of the property and
claim to own IL by virtue OF titles from the City OF
Nevfork, adverse to the heirs. but this orator be-
leves that large si OF money more than SlOOOOO,
can be realized by settlenents with aud quitclams
to the said occupants or alleged owners. The only
reason why such settlements cannot De closed nov is
because the heirs cannot be united or fully deter
mined upon ne 10 the quantum OF their little. For the
purpose of tanning just who are the legal heirs
the parties entitled to participate in partition
sale Of said property and division OF the proceeds
thereof" whose signatures are necessary to unite
in conveyance" OF it, the court is requested to ap
pOlui 10 cAdlllue eucH rcrIonucntr rs
live without the State IN regard TO their line OF de
scent AID interest in the suit fhis commission IL to
he vested with NIL power to hear, determine and
port upon all snch answers and proofs aud file the
same with its hndings OF law and tact.
In addition to this the court Is also asked TO APP
point, pending the suit, one more receivers IN
chancery. Tor the preservation of sai property and
mar-ha the OF said estate for distribution
amoug those entitled 10 them These officials are to
take pO--rssUn OF all the real estate ia possession
claimed under title hostile to the heirs and have
power acll IL. and also 10 conduct and complete
negotiations and settlements with present occupants
body else subject To the cOnrts Rppro, al Each
OF the respondents named, il a-k should be served
with subpoena 10 appear In court and give the
reasons for the hope that he possessts IN regard to
obtaining po-sessiGn of the property or the money
arising from the sale OF IL. This writ subpoena it
desires 10 have published la New-York. Pittsburg.
Chicago Illinois, Cincinnati, San Francisco anl
Toronto papers
The name OF the Rev. w r. Covert. of Pi,tsburg,
tho attorneyin-iact ci Mr.: Morgan. appears on the
Judge Brcdin. OF Pitsburg and Frederick Baker, OF
this CITY. The first argument will be made before
Judge Wallace on February -, 10y which time II IA
e 1pected the defendants will also appear. There
are, IA stated about 400 claimants at present but
Mr. McCrcery thinks that by .te time the proposed
commission has completed ia work and sfted out
the real heirs this number will he reduced nearly two
TIA rds The law, are To get oncthrd IT all that
IL realized. They expect 10 get enough out OF the
case to pay them Handsomely tor their trouble and
give each claimant about $4,000. II is not Expected
promise. it is thought, will be effected in all cases.
MANY occupants, il is claimed have already made
ovcrtures toward settlement, but none ha, yet been
made